San Mateo mayor’s vote-buying scheme allegations hold no water, DA says

SAN MATEO — District Attorney Steve Wagstaffe announced Thursday his office found no evidence to support San Mateo Mayor Amourence Lee’s allegations that there was an attempt to corrupt the voting process during the city’s mayoral transition crisis in December.

The District Attorney’s office completed its investigation, conducted at the request of San Mateo City Attorney Prasanna Rasiah, into allegations related to votes occurring in December 2022 on the San Mateo City Council to select a mayor and fill an empty council seat, according to a press release.

The controversy left the city without a ceremonial head of the City Council for over a week and put front and center the city’s political divisions, pitting neighbor against neighbor and leading to hours-long meetings as two pro-housing council members pleaded with their slow-growth counterparts to stop throwing a wrench into the mayoral selection process.

While voters in large cities like San Jose, Oakland and San Francisco elect their mayor, in many cities the position is held by a councilmember selected by the city council and the position holds no greater power.

After an investigation by District Attorney Inspector Ken Cochran, Wagstaffe concluded there was no violation of the Brown Act and no attempt to corrupt the voting process, therefore closing the case.

In a letter outlining the investigation’s findings, Wagstaffe says there was no evidence to establish a “quid pro quo” where there were explicit statements made by an officeholder, or someone in consideration for office, which promised a certain vote in exchange for a perceived benefit. The investigation also found no evidence that the then four-person city council discussed the vote matter before the meeting, which would violate the Brown Act, a state sunshine law that guarantees the public’s right to attend and participate in legislative body meetings.

“While this review revealed inconsistent statements regarding what was said by the involved parties related to the impasse on the Council, they all involved discussion of potential political outcomes should one course or another be taken, and we do not find that to be a violation of any criminal statute,” the letter says.

During a tense council meeting on Dec. 13, then-councilmember Lee said she received three different proposals telling her that if she chose a certain candidate for the fifth council seat she could then become mayor. During a speech wherein she made clear she would not vote for a fifth councilmember until she became mayor, Lee dramatically pulled a piece of paper of a manila envelope with the name Cliff Robbins, the candidate she was allegedly asked to support in exchange for becoming mayor.

“I don’t know and certainly don’t want to believe he was a knowing and willing participant in this Brown Act violation,” Lee said Dec. 13. “We cannot legitimize the insurrection. We should not expect this precedent to forever stain our record of over 100 years of peaceful handover of power. We need to address the first order of business and return legitimacy for this body. That’s the San Mateo way.”

The stunt drew immediate outrage from some of her colleagues and members of the audience, including Robbins who suddenly stood up out of his seat to protest, saying he did not participate in any attempt to barter votes. The city attorney sent a letter to the DA’s office on Dec. 13 asking for a review of Lee’s claims.

During the DA’s office investigation, all parties who were mentioned as being involved in the December discussions — Mayor Lee, former Councilman Joseph Goethals, David Burruto and Clifford Robbins — agreed to an interview and were cooperative in answering questions, Wagstaffe said.

Lee told investigators that Goethals called her and told her, “Cliff Robbins is really the only viable candidate. You could do a lot worse. He is tested. He can do the job. He is well suited to it. He really is the best choice.”

Lee said she responded to Goethals that since the process had not yet closed, it was premature to make any decision and the council would evaluate all the candidates. She said Goethals took her, “you want to be mayor and we don’t want to spiral into chaos. If we can get this done, everyone can get what they want if you like Cliff.”

Lee said that during the conversation, Goethals told her he was asked to deliver that message for another person, later identified as Burruto, the DA’s office said.

Goethals denied telling Lee “anything similar to ‘if you like Cliff Robbins, you could be mayor before (Dec.) 12th.'” He also denied telling Lee that Burruto asked him to call the mayor and urge her in any particular direction regarding the fifth council seat vote, according to Wagstaffe.

Nicole Fernandez, a district director for state Sen. Josh Becker, also contacted Lee after the Dec. 5 impasse on the council. On Dec. 7, hours after the phone calls from Goethals, Fernandez called Lee and told her she was calling to support Robbins, noting her belief he was the most qualified for the position, according to investigators.

Lee told the DA’s office that on Dec. 10, Fernandez sent her a text message stating, “letting you know that I’ve confirmed with Cliff that he will vote for you for mayor and will not vote in favor of removing the 3 planning commissioners if chosen.”

Fernandez declined to answer questions or provide a statement, according to Wagstaffe.

This is a developing story, please check back for more updates.